Tirthankar (Executive Vice President) 09 December 2011

Fact software not paying salary / dues

I need help and seeking legal guidance. I left my job at FACT Solutions India (P) Ltd. in the month of June 2011. I put in my resignation on June 2, 2011 with my notice and last working day as 30.06.2011. The company however has not cleared my salary till date. In fact Mr Anish Chakravarty, Ops Head, called me after my repeated email to the Chairman of the company Mr. Arvind Agarwalla (based in Singapore) stating that they will not pay my dues and will issue me only experience certificate, that too after I give them in writing that there are no dues from the company.

The company is clearly trying to made us (a few more involved who was metted the same treatment) pay for their incompetencies as we were hired specifically with a mission of heading new market/countries, since the top management could not perform, they are trying to cut losses by non-payment of our salaries.

I still have my signed, accepted and stamped resignation copy by the CEO Ms Neha Bhatnagar, who has also left the company now. Although I was still on probation which attracts only a days notice, I was professional enough to serve them with a months notice. My records are clean and document in place. Please suggest the legal path and also how do I get them to compensate me for the harrassment caused.

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Kumar Doab (FIN) 09 December 2011

It is believed that the statement of the company that "they will not pay my dues and will issue me only experience certificate, that too after I give them in writing that there are no dues from the company." is verbal and you have not recorded it. Employee should record (audio/visual) transactions for use at appropriate time and in appropriate forum. If you feel it as deemed fit you may quote the demand of authorized representative of the company Mr/Ms. to give up your earned wages to obtain relieving certificate, work experience certificate etc.

You have acted as a good employee and cleared the exit formalities by completing responsibilities due at your end.

All aggrieved employees may form a community and may submit a final gentle communication to good offices of appointing authority, MD, CEO, Head-HR, and Company Secretary, and apply their persuasion, persistence, reasoning, negotiating skills, to drill sense and collect their dues.

If all aggrieved employees have tried their best and found it shall be hopeless to peruse further and are still united united, may submit a written representation quoting each other to o/o wages inspector quoting each other.

You can also approach a competent and experienced service lawyer and issue legal notice and proceed legally.

You can also explore the possibility of summoning director based abroad.

V. VASUDEVAN (LEGAL COUNSEL) 10 December 2011

File an application with the labour authorities, for the unpaid salary under the Payment of Wages Act. You may write a simple application or get the form from the labour office, fill up and file. An employee's grievances including salary and settlement is covered by the Shops and Commercial Establishment Act. This has to be filed with the labour authorities where the company is registered as an Establishment.

vasudevan